Are Divorce Records Public?

Privacy is naturally a concern for any party to a divorce proceeding. Divorces involve a great deal of personal, financial and historical information made available to the court in order for officials to render their decisions. As such, although the fact that a divorce has occurred typically is considered a matter of public record, the detailed particulars, accusations, claims and financial information generally is not. Court systems and government agencies often take care to protect individuals from unwarranted release of personal information. In some instances, only petitioners or respondents are privy to detailed divorce records.

There are exceptions to every rule, with divorce records being no different. Old divorce records from the early to mid-1800s for example, might be available to researchers or those performing a records search for genealogical reasons. Release of these legal documents and records is generally limited to parties who can demonstrate specific need for the information, such as descendants or legitimate researchers. In some cases, gaining access to such records requires a release by interested parties or a court order. Detailed divorce records, unlike birth certificates or other vital records, generally are not something to which the public needs access, even in research capacities.

The process of obtaining divorce records can vary from country to country. In the United States, for example, states and their regulatory bodies determine the handling of divorce records. Each state has specific requirements for granting a divorce, so access to the records also varies greatly. In most cases, a government agency keeps a record of divorces and the parties involved, but the specific court granting the divorce keeps records of the actual divorce decree or settlement information in the court clerk’s office. The level of access that the public has to information about whether a particular divorce occurred or about the details of the case will depend on the regulations in that state.

In other countries, such as England, Scotland or Ireland, the only way to access divorce records is by petitioning the agency in charge of the record. For example, in England, to obtain records for a divorce granted more than 20 years ago, one must file a petition with the National Archives. To gain access to divorce records for more current divorces, one must petition the Principle Registry of the Family Division. In both instances, the person seeking the information must provide the name of the parties involved and the reason he or she wants to view the file. The level of access permitted will be decided by the official responsible for granting permission.